Betancourt v. Workmen's Compensation Appeals Board

Opinion

PIERCE, P. J.

In this mandamus proceeding petitioner Betancourt seeks an order compelling the Workmen’s Compensation Appeals Board and/or its referee to comply with the provisions of rule 10832 of the board’s Rules of Practice and Procedure.

1

On May 8, 1969, petitioner injured his hip while lifting lumber in the course of his employment. His employer’s compensation carrier was Holland-America Insurance Company (“carrier”). On July 3, 1969, petitioner filed an application before the board. A hearing was held before respondent referee. At this hearing two medical doctors representing the carrier, Gilbert Kucera, M.D., an orthopedist, and Lyman Maass, M.D., a neurosurgeon, filed reports. Robert F. Fischel, D.C., a licensed chiropractic practitioner, testified on behalf of petitioner. Dr. Maass’ report stated “from a neurosurgical viewpoint, there are no therapeutic or diagnostic suggestions to offer.” Dr. Kucera’s report stated, “I do not feel that any further treatment will be necessary.” Part of Dr. Fischel’s testimony is set forth in the referee’s summary as follows: “[H]e believes the applicant will need further care to do what he is doing now, which is fork-lift driving and lumber handling. He does not believe that the applicant would have been able to continue working if he had not received the care.” No other doctors rendered opinions in the case.

Petitioner received findings and award from the board on February 20, 1970. The award provided in relevant part that petitioner should receive further medical treatment for his industrial injury upon demand to the carrier.

The carrier wrote petitioner that upon his demand medical treatment

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would be authorized to be performed by Dr. Maass. That doctor examined petitioner. He reported: “From a neurosurgical viewpoint, there are no therapeutic or diagnostic suggestions to offer and it would seem in order for him to be evaluated orthopedically in regard to any long term therapy.”

Defendant insurance company then referred petitioner to Dr. Kucera again for examination on April 17, 1970. A report dated April 20, 1970, by Dr. Kucera, stated, “In my opinion, no further specific treatment is indicated in regard to the accident on May 8, 1969.” He also added, “I do not feel that chiropractic manipulation is necessary.”